My son was charged on April 27,2007 for a break and enter that allegedly occurred in August of 2005. Is there a statutes of limitation?

There may or may not be but, I know that it won't start until the warrant is served. And I am sure it would be allot longer than 2 years. They would not have charged him if they knew that it was not prosecution able. Just get a good lawyer. It's all you can really do.

Hello shirley:

It depends on the state. Most states have criminal sol's of 3 years or longer. I don't know of any that are shorter.

excon

I appreciate member responses. I did read in one answer that the statute of a crime begins when the crime is discovered to the time a person is charged. I have posted my question previously but wondering if the fact the crime in question was discovered 2 years ago and took that long to get to my son because of a person's statement and no physical evidence. Also is the sol different in Canada? Would this make a difference?

Hello again, shirley:

Here's more feedback, then. Hire the best criminal attorney you can for him.

excon

Hello again, shirley:

The statute of limitations doesn't address WHY charges aren't filed. It only limits the time they CAN be filed. The time limits are different in Canada, just as they're different in every state here. But, the definition of the SOL is the same.

If there's no physical evidence, that's a matter for trial. It's not an SOL issue.

excon

Ok, first lets clarify, that the statue of limitation starts when the crime happens, the time on a suspect ends once they are official charged,
(not when arrested, but when there is a charge made on them)
Time freezes once the person is charged, So the time frame for your son would be the time from when the crime happened to when he was charged or a warrant was issued.

The SOL will vary by the actual charge and the state, but most likely it is closer to 7 years. And each state has its own name for the charges.

But this will be a felony. You need to check several things, first in some states if you make bail you can not get a court appointed attorney. One thing to think about if you only have so much money and use it for a bail bondsmen, and then not have money for an attorney ( not saying you don't, but I have seen it happen.

And since it took two years to make an arrest, there is a lot for an attorney to look at and try to challenge evidence.

But yes, he needs a good attorney

Thanks Chuck I was a little confused there.

Yes, the SOL is always from the date of the crime, to the date a person is charged, As noted the reason or evidece of the charges do not effect SOL, That all falls under rules of evidence. And there is always some evidence, the place they broke in, ( maybe photos of that) maybe a list of items stolen and so on, there are always evidence, just maybe nothing connecting him to the crime. But there has to be something to name him.

Also is the sol different in Canada?. Would this make a difference?

Yes.

In that if he is charged with a summary offence, the SOL is only 6 months.

If he is charged with an indictable offence, there is no SOL.

Breaking and Entry I would assume would be a indictable offence.

You can always check the <Criminal Code of Canada, 1985> to be sure.

My son was charged on April 27,2007 for a break and enter that allegedly occured in August of 2005. Is there a statutes of limitation?

Ummmm. You posted your question on April 25, 2007. How is it possible for him to be charged on the 27th?

Oh well, I guess I shouldn't be so picky about what people write. You have received some very good advice here. Please find a good Criminal Attorney for your son. He/she will review the charges and can answer all your questions definitively, and any others that you may have.